A Divorce is final. With a separation, you can change your mind and remain married with no legal consequence. With a divorce, it is final. In order to reconcile, you would have to actually remarry. This is a significant difference.
With adultery, the statue of limitations begins to run at the date of the discovery of the adultery.
More often than not, the parties are going to reach a settlement to make the headaches go away, and the wife is likely going to accept something less than fifty percent. Something fair, to reflect her contribution as home-maker, lover, mother, confidante, etc., but likely not fifty percent.
If the option is for future work that occurs after the divorce, the non-asset spouse could be out of luck with these
If you were married before your husband is incarcerated, then you have to wait three years before you can file for a divorce on the basis of incarceration.
Q&A: My spouse recently told me he’s gay. He’s living large with his lover. What are my options as far as a divorce?
But it is unclear whether the court would or can compel a former spouse to pay alimony using proceeds from the coffers of a lover, gay or otherwise.
There are certain rules for proper service, which, if flouted, can result in the affidavit of service or affidavit of defendant being rejected–at any point in the action or after a divorce judgment has been signed
Typically, if parties receive an annulment, there probably will not be permanent maintenance or even any spousal support after the judgment of annulment. But not always.
To get an annulment, you have to satisfy one or more legal grounds.
There is usually a 5 year statute of limitations for cruel acts by a spouse but that can be waived if the defendant does not object.
“To get a divorce on this ground, your relationship with the Defendant must have broken down irretrievably (so that it is impossible to repair or reconcile) for a period of at least six months.”
Note that it is possible that the court in one jurisdiction could have jurisdiction over the party as a personal matter (to grant the divorce) but may not have jurisdiction over the defendant’s property which may be in a whole other jurisdiction or country and would therefore be subject to the courts where the property (including real estate and bank accounts) are located.
In order to file for divorce in any state, as in New York, you must satisfy the State’s residency requirement.
As far as grandparents’ visitation rights if the parent does not allow any visitation at all, the court may order it if it is in the best interest of the child. Of course, this will be balanced with the relationship between the parent and grandparents.
In New York, as well as the rest of the country, it is illegal to get married just to get a green card. That is considered fraud